Committees:

Presenter:
Jerry Cooke

I.
Discussion: Prior
to 1997, the Parks and
Wildlife Code, §62.021(d)
required the Commission
to authorize and regulate
the sale, purchase, possession,
and possession after purchase
of deer antlers. The passage
of House Bill 2542 by
the Seventy-fifth Legislature
amended §62.021 of
the Code to make it lawful
for persons to engage
in the possession and
sale of deer antlers without
Commission authorization.
Thus, the regulation at
31 TAC §65.401, concerning
Purchase and Sale of Deer
Antlers, is now superfluous
and may be repealed.

The Regulations Committee
at its August 1998 meeting
authorized staff to publish
the proposed repeal of 31
TAC §65.401 in the
Texas Register for public
comment. The proposed repeal
was published in the October
2, 1998, issue of the Texas
Register (23 TexReg 9950).
Staff anticipates no public
comment on the proposed
repeal, but will address
public comment at the time
of the meeting if any is
received.

II. Recommendation: Staff
recommends that the Texas
Parks and Wildlife Commission
adopt the following motion:

"The Texas Parks
and Wildlife Commission
adopts the proposed repeal
of 31 TAC §§65.401,
concerning possession
and sale of deer antlers,
as published in the October
2, 1998, issue of the
Texas
Register (23 TexReg
9950)."

Sale
of Deer Antlers
Proposed Preamble

1. Introduction.

The Texas Parks and Wildlife
Department proposes the
repeal of §65.401,
concerning Purchase and
Sale of Deer Antlers. The
repeal is necessary to eliminate
a regulation made redundant
by the passage of House
Bill 2542 by the 75th Legislature,
which also eliminated the
commission’s statutory
authority to regulate the
sale of inedible deer parts.
The repeal will function
to remove a regulation the
department no longer has
any authority to enforce.

2. Fiscal Note.

Robert Macdonald, Wildlife
Division regulations coordinator,
has determined that for
each of the first five years
that the proposed repeal
is in effect, there will
be no fiscal implications
to state or local governments
as a result of enforcing
or administering the proposed
repeal.

3. Public Benefit - Cost
Note.

Mr. Macdonald also has
determined that for each
of the first five years
the proposed repeal is in
effect:

(A) The public benefit
anticipated as a result
of enforcing the repeal
as proposed will be the
elimination of a superfluous
regulation.

(B) There will be no effect
on small businesses. There
are no economic costs to
persons required to comply
with the repeal as proposed.

(C) The department has
not filed a local impact
statement with the Texas
Workforce Commission as
required by Government Code, §2001.022,
as this agency has determined
that the repeal as proposed
will not impact local economies.

(D) The department has
determined that there will
not be a taking of private
real property, as defined
by Government Code, Chapter
2007, as a result of the
proposed repeal.

The repeal is proposed
under the provisions House
Bill 2542, enacted by the
75th Legislature, Regular
Session, 1997, which eliminated
the commission’s authority
to regulate the sale of
inedible deer parts.

The repeal affects Parks
and Wildlife Code, Chapter
62.

§65.401. Purchase
and Sale of Deer Antlers.

This agency hereby certifies
that the proposal has been
reviewed by legal counsel
and found to be within the
agency’s authority
to adopt.